riLED COURT OF APPEALS DIV I STATE OF WASHIKTON 2010 AUG -6 AM 9:5Q IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE THE STATE OF WASHINGTON, No. 75991-4-1 Respondent, V. UNPUBLISHED OPINION ABDIRAHMAN S. SAKAWE, Appellant. FILED: August 6, 2018 SCHINDLER, J. — The trial court convicted Abdirahman S. Sakawe of robbery and attempted robbery in the second degree and assault in the second degree. Sakawe seeks reversal, arguing (1) the court violated his right to due process by admitting unreliable in-court identification testimony,(2)the court erred in denying his motion to suppress statements he made to the police at the hospital, and (3)sufficient evidence does not support the convictions. We affirm. FACTS First Trial The State filed charges against Abdirahman S. Sakawe in 2008 for robbery in the second degree of Chuan-Wen "Andre" Chuang and attempted robbery in the second degree and assault in the second degree of Ka "Charles" Chen. A jury convicted No. 75991-4-1/2 Sakawe. We affirmed the convictions. State v. Sakawe, 150 Wn. App. 1045, 2009 WL 1664930, at *3. Personal Restraint Petition Sakawe filed a personal restraint petition alleging ineffective assistance of counsel. We remanded for a reference hearing. In re Pers. Restraint of Sakawe, 168 Wn. App. 1028, 2012 WL 1980895, at *1. The trial court found Sakawe "would have pled guilty if he had been properly advised regarding immigration matters." Sakawe, 2012 WL 1980895, at *2. Because the failure to advise a defendant of"'available options and possible consequences constitutes ineffective assistance of counsel,'"we granted the petition and remanded for a new trial. Sakawe, 2012 WL 1980895, at *2-*3 (quoting In re Pers. Restraint of McCready, 100 Wn. App. 259, 263, 996 P.2d 658 (2000)). Second Trial On remand, the State was unable to present the hotel lobby surveillance video footage to the jury. The trial court overruled the defense objection to calling the prosecutor from the first trial to testify about the video. The defense did not object to the police officer testimony. The prosecutor and police officers testified about what they saw on the hotel surveillance video. The jury convicted Sakawe. On appeal, we held the trial court abused its discretion by allowing the prosecuting attorney from the first trial to testify about the hotel lobby video. We reversed and remanded for a new trial. State v. Sakawe, No. 70563-6-1, slip op. at 15(Wash. Ct. App. Nov. 30, 2015) (unpublished), http://www.courts.wa.gov/opinions/pdf/705636.pdf. 2 No. 75991-4-1/3 Third Trial On remand, Sakawe waived his right to a jury trial. Charles and a number of police officers testified. Because Andre and Garden Suites Hotel employee Catherine Wood were unavailable to testify, the State moved to admit their testimony from the previous trials. The defense objected to admitting the in-court identification testimony of Wood. The court overruled the objection and admitted the testimony. The evidence showed that on the evening of November 22, 2007, two Taiwanese exchange students, Chuan-Wen "Andre" Chuang and Ka "Charles" Chen, were waiting at a bus stop when a group ...
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